I had an accident in my personal vehicle..

This is lengthy. Try to read it all.

Here’s what’s going to happen if the little old lady doesn’t admit fault, and her insurance pushes your insurance.

Your insurance is going to pay the bill, unless they feel they can win, with 80% certainty. Sad but true. They are an insurance company. Not legal advisors. They protect their bottom line. The only investigation they will do, is if they suspect fraud.

An attorney can argue fault in court. But guess who he’s going to go after first. The officer at the scene. And he let you off with a less severe statement. Improper evasive manuver rather than failure to maintain control. He didn’t say it was your fault. He said you failed to operate your vehicle in the proper manner. That’s the defense her insurance is using to deny YOUR claim. This DOES NOT prevent you from suing the #### out of her personally.

You’ve mistaken her insurance company for a legal shield. It is not. Sue her personally if you feel you have a case.

Regardless of fault. The accident will still be recorded with your insurance and police.

 

Ok I thought Texas was a no fault state, so now I get it.

 

Cop says You could have avoided accident. How does He know when She pulled out ? You left skid marks. I had a Cop make a so called mistake on an accident report once.When I finally caught up to him,he claimed no memory of incident. I told him I am going to get a Lawyer if needed as I drive for a living. He repaired the mistake. Cop was obviously friend or neighbor of Guy that rearended us.I would talk to a Lawyer first as maybe pictures will get case thrown out. Never Know, CDL worth $$ spent.

 

Here is the story. The old lady probably has full coverage. She reports to her insurance company. Puts her car in shop gets it fixed. And NEVER gives the whole thing a second thought.

She is an old lady ,as far as she is concernd. She is a GREAT driver, she did nothing wrong and you hit her. Your lucky she is a honest old lady and didn't get hurt and sue you.

Your wasting time and money trying to get a lawyer. What do you think a lawyer is going to do?

Your job now is to convince your insurance company, to see it your way. Good luck with that.

Not being a hard ###, or trying to kick you when your down. But what happened here is.
You gambled and lost, you cheaped out of insurance (for whatever reason) You took a chance hoping to never have an accident.

You had a accident and are now going to have to fix or replace your car out of your pocket.
I did the same thing when I was in was a kid in my 20's and 30's.
Being almost 60 there is no way I would have anything other than full coverage. Even for a old pos car.
However if another driver piss's me off enough. I will lock up my breaks, side swipe, or read end them.
Then tell them #### you! I have full coverage, do you?
But when the cops show up, will tell them how that kid was hotrod driving like a hole, and forced or hit me.

 

What I take from reading this 'old' automatically equals honest-honorable and you are willing to LIE if someone pisses you. Just because someone is old does not mean that person is honest and honorable, some people never mature in the head even when they age the current occupant of the white house is a prime example. If credence is automatically given to old age then it's age discrimination.

Also don't lie, WITHOUT THE TRUTH THERE CAN BE NO JUSTICE. That kid might have a dash cam in his car which will PROVE you're an a hole not mentioning charges of making false statement to police and obstruction of justice.

 

Take whatever you want from it. I deal in reality welcome to life. But just for you I will elaborate.

If another driver is not tailgating me. Then rapidly applying my breaks. Would not cause them to rear end me.

If another driver is driving courteous and correct. Then a side swipe would not happen.

If I am maintaining a safe stopping distance in from of me. If another driver did not cut into that space. Then I could not rear end them.

So in short if the other driver is not "hot rodding" ie speeding, cutting in and out, or driving like a jerk in some shape or manner. Then our vechiles would not have collided.

When I was young I drove 100 miles per hour, shooting the gap between cars and racing on the road.
So with that in mind I have and also insist my wife and kids (adult or not) have full coverage.

Like I originally said, I was NOT trying to lecture, or kick the op when down. I was simply pointing out. When a someone gambles sometimes they win and sometimes they lose.

But however if for whatever reason thier is a collision. I have full coverage, that includes rental and a $250 deductable.
So I will simply my call AAA to come get my car, and drop me off at aviz, hertz, or enterprise.

 

I can tell you first hand that a judge or a cop will take a very dim view of any driver that jams of his brakes like that.

A few tickets could be written for that including dangerous driving

 

Ok thank you for sharing your first hand experiance. Having been driving since 1973 and never had an accident, and recieving my last ticket in 1998. I had no idea. Thanks again!